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Rising Bankruptcy Filings Make Today’s Headlines, But Keep An Eye on Historic Policies
January 01, 2025
Nearly 50 years has passed since the last major change in bankruptcy law. The financial landscape now where debtors go through bankruptcy is very different. Is the Bankruptcy Code still achieving its fundamental goals, and are there ways to improve it?
The Qualities that Distinguish Good from Great Service In 2025
January 01, 2025
Legal teams incorporating partnership, service and transparency more comprehensively into their representation will stand out and create a competitive advantage in 2025, particularly given the heightened preferences for automation and self-service options.
Law Firms Hurl Ethics Accusations At Each Other In Tubi Subscribers Litigation
January 01, 2025
Keller Postman’ alleges that Jenner & Block hired a former FBI special agent to interview class members who had opted out of a $19.99 million settlement with Tubi to arbitrate their claims. The fight began earlier this year as Tubi was negotiating a class action settlement in a 2023 case brought in the U.S. District Court for the Northern District of Illinois, alleging the streaming service sold subscriber data to third parties without the consent of its users in violation of the Video Privacy Protection Act (VPPA).
The Future of Data Protection Enforcement: It’s Hammer Time!
January 01, 2025
The landscape of data protection and privacy continues to expand, and with that expansion comes increased scrutiny and the promise of increased enforcement. 2025 will mark a convergence of the proliferation of artificial intelligence, a growing understanding of and desire to exercise consumer rights and protections and new legislation, meaning increased regulatory enforcement is inevitable. This article explores the impending new legislative landscape, what increased enforcement may look like and how companies can prepare for optimal compliance.
Does Your Corporate Compliance Program Reasonably Prevent Fraud? New UK Guidance Demands It
January 01, 2025
This article first discusses the legal backdrop of the UK’s new strict liability law and then summarizes what companies need to know about the new UK guidance, with particular emphasis on the areas where it expands on the ECCP.
Three Things Trustees Should Know About Affirmative Defenses in Preference Litigation
January 01, 2025
Since 2019, courts have struggled with the interpretation of due diligence requirement to Section 547, specifically whether the due diligence requirement is an element of a preference claim that must be adequately pleaded in the plaintiff’s complaint. While the law is still developing, there are three important takeaways for trustees to consider.
FL Appeals Court Overturns $82.6 Million Award for Rapper Flo Rida In Endorsement Deal Litigation
January 01, 2025
It’s back to court for rapper Tramar Dillard, who goes by the stage name Flo Rida, after the Florida Court of Appeals, Fourth District, ruled that a Broward trial court judge erred in his jury instructions when awarding $82.6 million in a breach of contract lawsuit against the makers of Celsius energy drinks in January 2023.
Avoiding Legal Risks: Crafting a Strong Do Not Call Policy
January 01, 2025
A strong Do Not Call Policy is vital to comply with the Telephone Consumer Protection Act. Ensuring robust DNC compliance protects an organization's reputation and increases consumer trust. Below is a practical guide for building and implementing DNC policies that ensure compliance and reduce liability.
Avoiding Legal Risks: Crafting a Strong Do Not Call Policy for TCPA Compliance
January 01, 2025
Ensuring robust DNC compliance protects an organization's reputation and increases consumer trust. Below is a practical guide for building and implementing DNC policies that ensure compliance and reduce liability.
Avoiding Legal Risks: Crafting a Strong Do Not Call Policy for Compliance
January 01, 2025
A strong Do Not Call Policy (DNC) is vital to comply with the Telephone Consumer Protection Act. Ensuring robust DNC compliance protects an organization's reputation and increases consumer trust. Below is a practical guide for building and implementing DNC policies that ensure compliance and reduce liability.

MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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